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HomeMy WebLinkAbout08-15-1995 Regular MeetingI CITY COUNCIL REGULAR MEETING CITY HALL ANNEX TUESDAY August 15, 1995 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Art Berger Present Leo Nicholas Present Buzz Petsos Absent Mayor Porter Present Mayor Pro Tem Randels Present Others Present: City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Treasurer, Deborah Haggerty Barker Building Official, Jim Morgan Sheriff's Department, Lt. Steve Salvo CONSIDERATIONS: 1. Upon motion by Mayor Pro Tem Randels and seconded by Mayor Porter, the Regular City Council Meeting Minutes of August 10, 1995 were approved with voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels. 2. A presentation was made by Mike Burton and Robert Lockridge of Burton & Associates regarding the sewer rate study and the feasibility of using a volumetric rate for billing. Consensus was to consider proceeding with the study after the identifying and classification data is completed and available. The meeting was recessed at 8:00 p.m. and reconvened at 8:15 p.m. 3. A motion was made by Mr. Nicholas and seconded by Mayor Porter to approve the contract with Hartman & Associates for a Resident Project Representative to oversee the construction of the wastewater treatment plant expansion for a total amount of $72,000. The motion failed 3 -1, with voting as follows: Mr. Berger, Against; Mr. Nicholas, For; Mayor Porter, Against; and Mayor Pro Tem Randels, Against. Both Hartman & Associates and Stottler, Stagg & Associates were requested to return to the next Council Meeting, scheduled for September 5, 1995. r City Council Minutes August 15, 1995 Page 2 4. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve the Budget Amendments for Quarter Ending June 30, 1995 as presented by the City Treasurer. The motion was approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - Second Reading 5. Mayor Porter read Ordinance No. 17 -95. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE V, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY DELETING SECTION 82 -119, 82 -120, 82 -121, 82 -122, 82 -123, 82- 124 AND 82 -125; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Berger and seconded by Mayor Pro Tem Randels, Ordinance No. 17 -95, Amending the Electrical Code, Adopting the National Electrical Code, was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mayor Porter read Ordinance No. 18 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Ordinance No. 18 -95 was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, Against; Mayor Porter, For; and Mayor Pro Tem Randels, For. 9. Mayor Porter read Ordinance No. 19 -95 by title. r • City Council Minutes August 15, 1995 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VI, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD PLUMBING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Nicholas and seconded by Mr. Berger, Ordinance No. 19 -95, Amending the Plumbing Code was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 10. Mayor Porter read Ordinance No. 20 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VII, GAS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Berger and seconded by Mayor Pro Tem Randels, Ordinance No. 20 -95, Amending the Gas Code was approved for second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 11. Mayor Porter read Ordinance No. 21 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VIII, MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD MECHANICAL CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN Elh'FECTIVE DATE. No one from the public had a comment. City Council Minutes August 15, 1995 Page 4 Upon a motion by Mr. Nicholas and seconded by Mr. Berger, Ordinance No. 21 -95, Amending the Mechanical Code was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 12. Mayor Porter read Ordinance No. 22 -95 by title. AN ORDINANCE OF'1'IIE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE X, SWIMMING POOL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD SWIMMING POOL CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, Ordinance NO. 22 -95 Amending the Swimming Pool Code was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 13. Mayor Porter read Ordinance No. 23 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XI, HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD HOUSING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Berger, Ordinance No. 23 -95 Amending the Housing Code was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 14. Mayor Porter read Ordinance No. 15 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE II, ALARM SYSTEMS, DIVISION 2, PERMIT, SECTION 30-48, TERM: FEE: TRANSFERABILITY, OF THE CODES OF CAPE CANAVERAL, FLORIDA, AMENDING THE TERM REQUIREMENTS • • City Council Minutes August 15, 1995 Page 5 OF AN ALARM PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, Ordinance No. 15 -95 Amending the term requirements of an alarm permit was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 15. Mayor Porter read Ordinance No. 14 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ESTABLISHING ARTICLE HI, VESSEL CONTROL AND WATER SAFETY; BY ESTABLISHING REGULATIONS REGULATIVE TO THE OPERATION OF BOATS AND PERSONAL WATERCRAFT WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Berger, Ordinance No. 14 -95, establishing Article III was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, Against; Mayor Porter, For; and Mayor Pro Tem Randels, For. 16. Mayor Porter read Ordinance No. 10 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 34, ENVIRONMENT, ARTICLE IV, WEEDS AND DEAD VEGETATION, BY AMENDING SECTIONS 34 -121, INTENT, 34-122, PUBLIC NUISANCES PROHIBITED, 34 -124, HEARING, 34 -125, APPEAL, AND 34-126, REMEDY BY THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, Ordinance No. 10 -95, amending section 34, Environment was adopted on second reading. Voting was as follows: Mr. Berger, Against; Mr. Nicholas, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. • • City Council Minutes August 15, 1995 Page 6 17. Annexation: Avon by the Sea City Manager Boucher related that there are numerous mutual benefits to consider annexing Avon by the Sea and that it should not be a difficult transition to make. City Attorney, Kohn Bennett, explained that the time frame is very close to prepare the legally required reports. However, it is possible. Council consensus was to pursue compiling the necessary information to make a full determination of the feasibility and benefits of annexing the Avon by the Sea unincorporated area for discussion at a workshop scheduled for August 29, 7:00 p.m. 15. City Manager's Report. • City Manager Boucher reported that the President has added two categories (Utilities and Road & Bridge) to the Disaster Reimbursement Program associated with Hurricane Erin. He also reported that the Army Corp of Engineers opined that there was no substantial damage to the City's beaches according to before and after photographs. Mayor Pro Tem Randels Report • No report. Mr. Petsos • Absent from August 15 meeting Mayor Porter • Mayor Porter commented that the goals and objectives tracking sheet provided by the City Clerk is a proper and effective tool which he encourages all departments to implement. Leo Nicholas • How will the Applegate property be effected by the ordinance adopted tonight? Building Official, Jim Morgan, related that the City has rendered the building unsafe and called the State DEP. They have been battling the state and city for years and were roofing without a permit. He stated that he is seeking legal advice on how to pursue the matter. The roof was lost in Hurricane Erin and were not using complying shingles, but they do have a right to protect the asset until a determination can be made on a proper method. The building is uninhabited, however, has not been abandoned. City Attorney, Kohn Bennett related that they can not be issued a certificate of occupancy until the building conforms to code. No directive was offered to the Building Official in this regard. Art Berger No report AUDIENCE TO BE HEARD: There was no comment from the audience. I City Council Minutes August 15, 1995 Page 7 ADJOURNMENT: 9:50 p.m. Attest: re- 4,, • roc' °etin4:. c., ,Simi, CMC ms l' , - John K. Porter, MAYOR